BANKRUPTCY COURT.

New Zealand Times, Volume XXXIII, Issue 5532, 19 December 1878, Page 2

BANKRUPTCY COURT.

o Tuesday, December 17. (Before his Honor the Chief Justice.) IN RE GEORGE WHITE, A DEBTOR. Mr. Fitzgerald moved for a rule granting discharge. There was no opposition, and certain formalities having been complied with, the order was made as prayed. IN RE JOHN COFFEY. Mr. Ollivier moved for an ordor of complete execution of' a deed of assignment from debtor to his creditors. There was no opposition, and the order was made. IS RE LAWRENCE SALMON. Mr. Fitzherbort moved for an order of discharge in favor of bankrupt. Tho case had been beforo the Court previously, and had been adjourned to enable the trustee to examine bankrupt in regard to certain " transactions. Mr. Berry, the trustee, said bo had examined bankrupt, and it seemed ho had been for some time past sending money homo in a mysterious way, but he refused to give such an account of his transactions as would allow of tho money being traced. There was also reason to believo ho had kept back some property, including the leases of certain lands at Masterton. His Honor: Beforo giving an order I have to bo satisfied that bankrupt has given up all his property to the trustee. Bankrupt was then sworn, and said ; Tho land re- * forred to was an acre of leasaliold. In January or February I was requested by Mr. Ball to piok up anything that was going. I leased this acre of land from Mr. Brown, an agent who was acting for the owner, Mr. Itiddiford. at tho Ilutt. I cannot remember whether I said it was for myself or for Mr. BalU Mr. Ball told me to take it up myself, and if it suited him ho would sign all necessary deeds. Mr. Ball has since takon it up. Mr. Berry : Mr. Brown says he knows no one in the matter but Salmon. Bankrupt: I don't think I mentioned Mr. Ball's name, he took it up afterwards ; I could not say when: I wrote to him, and he came up to Masterton: ho did not go to Brown ; I showed him the land, and ho said ho would think about it, This occurred in February ; I filed my declaration in March; I saw Mr. Bali afterwards with Mr. Eiddiford : Mr. Iz»rd drew the deeds: 1 did not take the lease ; Mr. Ball has the loaso, and ho has been living up there ever since. Mr. Berry: The transactions wore inquired into at the criminal trial of bankrupt, and Mr. Ball came out or the matter rathor discreditably. Mr. Fitzhorbert objected to these statements as unfair. Mr. Berry was not on oath. Mr. Berry was quite willing to mako them on oath. Bankrupt: I told Mr. Berry that I expected to receive some bonelit. Ball promised that if the spoctt--lation turnod out well ho would give mo something. So Jar I have been paid nothing.

Mr. Berry remarked that ho in get log Information about the owner. Tho name Kutherford had beon given to htm as tho owner. Bankrupt" Mr. Brown would have given you all t?ft; Well. I don't know: Mr. Brown is lather Sit. Ball was not heard ot In the transin March or AprlL Mr. Berry: I never hoard of Izard and Bell till '"Bankrupt and Mr. Mtzherbert said they had keen mentioned at the examination before tho trustee.

Mr. Berry thought not. _,,.., , i t ™,„ Bankrupt: I introduced Ball to KMdiforcl in town some months afterwards ; I cannot remember when. He was in lodgings in a Btrcet off Molesworth-atrcot. - We went to see him. I had a letter of introduction from Mr Brown. A. Mr Smith in town knows all about U° I have no property which I have kept torn ray creditors. 1 have had no property .wept a cottage, the disposal of which I have accounted for. I have not agreed for the purchase or lease of any land. His Honor: Is there anything else you hav e to bring f °Mr ßr ße?ry' NoTl have had some matters brought before meTont I wotld prefer not t. ««•«•■?»?* His Honor: Well, I cannot keep a debtor pectus* y Mr ?W?M»™ tal«£. are very suspicious clrwith the sending home of "a'/honor: Yes, a perusal of these papers shows™ thorn in somothluir wrong about that. It appeared bTthe Bankrupted been in greatd,flu,Hies, bemg ont of work and having broken Ills lei-, but in the midst of these he managed to send home £25. How. ever the £25 had gone, whother to England or somewhere efse ami no doubt so far that was an off-nce under the Fraudulent Debtors Act for which a bankrapt ought to he prosecuted. But It was no pound for opposlrii tho discharge. His discharge could only be refund if bankrupt h"d not given up to his creditors all property in his possession at the time or ins bankruptcy, but It did not seem to bo alleged that he had secreted any property from the trustee. Mr. Berry hoped there would at least bo an adjournment, because many matters had come out tunc day of which he bad heard nothing previously. Mr. Ktzherbert pointed out that the e h»d been repeated adjournments—the man had been tried and icqultted. and fer nine months had been in the Court. He had always given the trustee every assistance but tho trustee evidently disliked him, and desired to give him nil the trouble possiblo. His Honor thought he should bo going far enough K he postponed the operation of discharge for a fortnight The delay would not bo imposed as a punishment, but because tho Court would have more power over him in the meantime in case anything turned up. Of,.'»iirso the order was irrevocable. Berry: And if I discover in the fortnight any £" ~op*r conduct on tho part of bankrupt 1 r His Honor : You can only prosecute him. ** Order of discharge granted; such order to take 4 effect a fortnight hence. The Court then rose. '